Pre-suit discovery denied in LLC diversity jurisdiction case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 12, 2022 12:43 PM

Qi Qin wants to sue a Delaware limited liability company in federal court based on diversity jurisdiction. But Delaware permits LLC members to remain anonymous, and a district judge in Milwaukee rejected Qin’s request for pre-suit discovery — under Rule 27 of the Federal Rules of Civil Procedure — to find out where the members reside.Affirming, the 7th U.S. Circuit Court of Appeals concluded that Rule 27 didn’t apply because “Qin’s request is not one to perpetuate testimony that is at risk of being lost.” Qin v …

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